WILLIAM NYANGUSI KITHUKU V. REPUBLIC

JUDGMENT OF THE COURT

WILLIAM NYANGUSI KITHUKU (the appellant) was convicted by the Senior Resident Magistrate, Mombasa, on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged that on 10th day of November, 1996 at Makaburini village in Mombasa in Coast Province, jointly with others not before the court, robbed Cecilia Levi of a motor vehicle registration No. KAC 492L Isuzu pick-up, Shs.10,000/- in cash and hot drinks worth 5,000/-. It was also alleged that in the process they used violence against the said Cecilia Levi. The appellant was sentenced to death.

The appellant's first appeal to the superior court against conviction and sentence was dismissed because the learned Judges who heard his appeal were satisfied that he was positively identified as one of the robbers who raided Cecilia's shop in Kisauni on 10.11.96 at 7 a.m. Immediately after she opened the shop, four robbers burst into the shop and one of them with Somali features, who was…